INTERCOUNTRY ADOPTION


INDONESIA
 
March 2007


Disclaimer: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to travel to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in the country in general; and 2) U.S. Federal immigration law governs the immigration of the child to the United States.

The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding.  It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only.  Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time.  This flyer reflects our current understanding of the law as of this date and is not legally authoritative.  Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.


IMPORTANT NOTES:  Indonesian Government stipulates that an adoptive child must be of the same religion as the adoptive parents. Where the religion of the child’s birth parents is not known, the child will be deemed to be Muslim.

There have been a number of instances in which Americans have been poorly advised (by legal practitioners) and have entered into fostering/adoption arrangements which, even though endorsed by local Indonesian courts, do not meet the requirements of Indonesian adoption law.  Adoptions that do not meet these requirements will not meet the requirements for the issuance of U.S. immigrant visas for the children.  Americans intending to adopt a child in Indonesia should not attempt to circumvent the proper processes.

U.S. citizens are strongly encouraged to contact U.S. consular officials in Jakarta, Indonesia, before formalizing an adoption agreement to ensure that appropriate procedures have been followed which will make it possible for the Embassy to issue a U.S. immigrant visa for the child.


PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE UNITED STATES:  Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to Indonesian orphans: 

Fiscal Year       Number of Immigrant Visas Issued

FY 2006                                  4
FY 2005                                  2
FY 2004                                  2
FY 2003                                  4
FY 2002                                  5

INDONESIAN ADOPTION AUTHORITY:  The Ministry of Social Affairs of the Republic of Indonesia, Directorate of Child Social Service Development is the agency designated by the Indonesian government to manage the administration of Indonesian adoption law and regulations.  This office may be reached in writing or by phone at:

Jalan Salemba Raya No. 28
Jakarta Pusat, Indonesia
Telephone: 62-21-310-0375

In addition, American prospective adoptive parents considering adopting an Indonesian child should contact Yayasan Sayap Ibu (the Sayap Ibu Foundation).  This organization has been designated by the Ministry of Social Affairs to handle adoptions by foreigners.  In areas of Indonesia where Yayasan Sayap Ibu is not represented, the first point of contact should be the Ministry itself.  The Yayasan Sayap Ibu office in Jakarta is located at:

Yayasan Sayap Ibu
Jalan Barito II  # 55
Telephone: 62-21-722-1763


ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:  The Indonesian government has imposed the following criteria on prospective adoptive parents:

  • Couples must be between 30 and 45 years of age; 
  • Married for a minimum of 5 years; 
  • Resident in Indonesia for at least 2 years with a permit issued by the local authorities (Rukun Tetangga, Rukun Warga, Kelurahan, Kecamatan), and a letter from the Embassy in Jakarta (a statement of Domicile);
  • Couples can be either childless, have one of their own children or have previously adopted an Indonesian child.  If the prospective adoptive mother has had birth children in the past, she must no longer be capable of bearing children; 
  • Believe in God; 
  • Both parents must appear at the Court hearing; 
  • The adoptive child must be less than 5 years old; 
  • The adoptive child must be in the care of a registered and authorized social welfare organization. 

Recent legislation also stipulates that an adoptive child must be of the same religion as the adoptive parents.  Where the religion of the child's birth parents is not known, the child will be deemed to be Muslim.


RESIDENCY REQUIREMENTS: Foreign national prospective adoptive parents must be resident in Indonesia and must have been working and living in Indonesia for at least two years prior to the application to adopt.  Past experience has shown that if one foreign national parent is resident in Indonesia before the other, he or she may initiate the process as long as s/he has already been resident in Indonesia for at least two years. 

In cases where one prospective adoptive parent is a foreign national and the other is an Indonesian citizen, the residency requirement has not applied as long as the Indonesian national has resided in Indonesia to see the adoption process through completion.  Such cases, however, are necessarily more complicated, and different courts may interpret the law differently. 

As was noted above, the U.S. Embassy strongly recommends that prospective adoptive parents contact the Immigrant Visa Unit at U.S. Embassy Jakarta or Yayasan Sayap Ibu for further details.  Please note that regardless of residency, both adopting parents must appear at the court hearing.  Also, the adoptive parents need to obtain separate domicile statements issued by the local authorities (Rukun Tetangga, Rukun Warga, Kelurahan, Kecamatan), and by the U.S. Embassy in Jakarta.  The domicile statement issued by the U.S. Embassy in Jakarta will indicate the prospective adoptive parents’ local address and their dates of residency in Indonesia.  The U.S. Embassy determines the dates of residency according to the parents’ KIMS/KITAS (Temporary Residence Card).

TIME FRAME: Adoption procedures can take from 12 to 18 months.

ADOPTION AGENCIES AND ATTORNEYS: The U.S. Embassy in Jakarta is not aware of any legally recognized Indonesian agencies who can assist adoptive parents. Foreigners may seek private legal assistance to facilitate the process of adoption and seek advice and information from certain orphanages.

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services.  For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed.


ADOPTION FEES IN COUNTRY:  The legal fees paid to the Indonesian authorities for adoption are approximately US$ 400.  However, some adoptive parents have indicated that the cost can run up to $600 or more total.


ADOPTION PROCEDURES:  This is a guide to local procedures for adoption of Indonesian children by American citizens. For further information, Americans wishing to adopt a child in Indonesia should contact Yayasan Sayap Ibu.

There are several required documents (please see the “Documents Required for Adoption in Indonesia” section below for details) that must be completed by the adoptive parents. When all the required paperwork is completed, applications for adoption are directed through Yayasan Sayap Ibu or another designated social organization to the Department of Social Affairs, which usually grants permission for the child to be released into the prospective adoptive parents’ foster care.  The adoptive parent must complete a minimum period of six months of foster parenting the child before commencing the court process to finalize the adoption. Monitoring by an Indonesian social worker appointed by the Department of Social Affairs (DEPSOS) is a part of this fostering process.

After the adoptive parents have completed the requisite six months of foster parenting, fulfilled the two- year residency requirement, and have delivered all the necessary paperwork to the Sayap Ibu Orphanage, a court date will be set. The court hearing will officially establish the foster parents as the child's adoptive parents.

Americans intending to adopt a child in Indonesia should not attempt to circumvent the proper processes. In order to obtain a valid court order, all adoptions must be vetted by an Inter-Departmental Committee (Tim Pertimbangan Perizinan Pangangkatan Anak Antara Warganegara Indonesia dan Warganegara Asing) that authorizes foreign adoptions. The final court decision must refer to the approval decision made by this committee.

Approximately two weeks after the court hearing approving the adoption, the adoptive parents will receive the official court adoption document.  With the court document in hand, the parents can apply for the child's Indonesian passport. The child will not be able to depart Indonesia or be issued a U.S. visa until he/she has a passport.

Requirements for an Indonesian passport include:
 
  • The child's birth certificate;
  • Copies of both parents' passports and residence/work permits;
  • Copy of the court adoption decree;
  • Letter of domicile from parents' “lurah” (Head of Village) stating that it is for the child's passport;
  • Affidavit from the U.S. Embassy that the child will not become an American citizen automatically upon adoption.

Once in possession of the child’s Indonesian passport, the Embassy can begin processing the child’s Immigrant Visa. (Please see the “Applying for a U.S. Visa at the U.S. Embassy in Jakarta” section below for details.)


DOCUMENTS REQUIRED FOR ADOPTION IN INDONESIA: 
  • Letter of no objection to the adoption from the American Embassy (issued by the Consular Section);
  • Marriage Certificate (authenticated by the Indonesian Embassy/Consulate in the country of issuance);
  • Birth Certificates of both parents (authenticated by the Indonesian Embassy/Consulate in the country of issuance);
  • Birth Certificates of previous children (authenticated by the Indonesian Embassy/Consulate in the country of issuance);
  • Reference letters from the parents or close relatives of both prospective adoptive parents stating that they approve of the prospective parents' desire to adopt an Indonesian child;
  • Health statement for the husband and wife by a medical practitioner at an Indonesian government hospital. Statement from an Indonesian government hospital gynecologist regarding involuntary childlessness (i.e. the mother is infertile or can no longer have any more children even if she has had children previously);
  • Income statement;
  • Good conduct certificates from the Indonesian police for both husband and wife;
  • Family photos and photos of the home and surroundings;
  • Three photos each (3cm x 4cm) of husband and wife;
  • Statement from the adoptive parents that they will report the condition of the adopted child to the Indonesian Embassy or Consulate in future areas of residence;
  • Statement of motivation for adopting an Indonesian child (with U.S. Embassy seal);
  • Separate statements of domicile issued by the U.S. Embassy in Jakarta and from the local authorities (Rukun Tangga / Rukun Warga / Kelurahan / Kecamatan);
  • Photocopy of Work or Residence Permits;
  • Photocopy of passports;
  • A letter from the U.S. Embassy in Jakarta stating that the child will be allowed to enter the United States after the adoption is granted, and that under U.S. adoption legislation an adopted child becomes a child of the adopters as if he/she had been born to them in marriage.

NOTE: All documents must be translated into Indonesian (Bahasa Indonesia) by a translator that has registered their signature with the Embassy so that translations may be certified with greater ease. Prospective adoptive parents may obtain the list of sworn translators from the U.S. Embassy in Jakarta. The Sayap Ibu Foundation can assist if required. The Foundation can also provide assistance in court to couples planning to adopt children who are not under the care of the Foundation.


AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  The language describing the process of authenticating U.S. documents to be used abroad is currently under review. Please click on the following link for more information until the new language is finalized: http://www.state.gov/m/a/auth/.


INDONESIAN EMBASSY AND CONSULATES IN THE UNITED STATES:

Embassy of Indonesia
2020 Massachusetts Ave. N.W.
Washington, D.C. 20036
Phone: 202-775-5200
Fax: 202-775–5365

Indonesia also has consulates in Chicago, Honolulu, Houston, Los Angeles, New York and San Francisco.


U.S. IMMIGRATION REQUIREMENTS:  Prospective adoptive parents are strongly encouraged to consult Department of Homeland Security (U.S. Citizenship & Immigration Services; USCIS) publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.  The USCIS publication is available at the USCIS web site. The Department of State publication International Adoptions can be found on the Bureau of Consular Affairs web site, http://travel.state.gov, under “intercountry adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600, Petition to Classify Orphan as an Immediate Relative.  Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site http://travel.state.gov.

A child adopted by a U.S. citizen must obtain an immigrant visa before he or she can enter the United States.  The child must be an orphan as defined by U.S. immigration regulations.

There are two U.S. immigrant visas that can be issued to orphans adopted by U.S. citizens to reside permanently in the United States. The first one is the IR-3 visa. This visa is issued to orphans who are fully adopted in their home country, have been seen by both adoptive parents prior to or during the adoption process, and whose adoptive parents have met the pre-adoption requirements of their U.S. state of residence.

The other immigrant visa is the IR-4 visa. This visa is issued to children who will immigrate to the United States for the purposes of being adopted in the United States, with the adoption pronounced by a U.S. state court. The U.S. citizen prospective adoptive parent must have full, not provisional, legal guardianship of the child in order to apply for this visa. The Child Rearing Agreement from an Indonesian orphanage is a provisional guardianship and therefore does not meet the requirements for the issuance of an IR-4 visa. The U.S. Embassy in Jakarta never issues immigrant visas (IR-4) to Indonesian orphans when adoption requirements have not yet been completed.


U.S. EMBASSY AND CONSULATES IN INDONESIA: Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, https://travelregistration.state.gov/, and to obtain updated information on travel and security within the country of travel. Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate.  By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency.  Consular Sections are located at:

U.S. Embassy Jakarta
Jalan Medan Merdeka Selatan #4-5
Jakarta – 10110
Phone: 62-21-3435-9000
Fax: 62-21-385-7189

U.S. Consulate Surabaya
Jalan Dr. Sutomo No. 33
Surabaya
Phone: 62-31-295-6400
Fax: 62-31-567-4492

Consulate Agency Bali
Jl. Hayam Wuruk 188
Denpasar
Phone: 62-361-233-605
Fax: 62-361-222-426

Please note that U.S. Embassy Jakarta is the only U.S. Government office in Indonesia that processes immigrant visas.


APPLYING FOR A VISA AT THE U.S. EMBASSY IN JAKARTA:  U.S. law requires that the adopted child, regardless of age, be brought to a U.S. Embassy for a personal appearance before the consular officer at the time of the interview for the immigrant visa.

Required Documents for IR-3 Visa:
  • Approved I-600A / I-600 petition, with original signatures by both adoptive parents;
  • Original and copy of adoptive parents’ passports;
  • Original and copy of child’s passport;
  • Original and copy of adoptive parents’ marriage certificate;
  • Original and copy of child’s birth certificate;
  • Original and copy of Child Rearing Agreement;
  • Original and copy of child’s court decree;
  • Copy of Home Study report;
  • Completed Immigrant Visa application, form DS-230, Parts I and II , signed by one parent on behalf of the child in the presence of a consular officer. Information on the form should pertain to the child, not the adoptive parents. These forms can be downloaded from the U.S. Department of State web site at http://travel.state.gov;
  • Two frontal facial passport-size photos of the child;
  • Results of the child's immigrant visa physical examination, including a vaccination report;
  • Immigrant visa fee of U.S. $380 cash, payable at the time of the interview.

The immigrant visa is valid for six months from the date of issuance.  (In other words, adoptive children have six months to use the immigrant visa to travel to the United States.)  Adoptive parents should NOT open the sealed envelope the consular officer will give them at the time the visa is approved.  The packet should be in carry-on luggage and must be presented intact to the U.S. immigration officer at the port of entry upon arrival in the United States.

Documents submitted to the Embassy are in this packet and will not be returned.  Therefore, adoptive parents should obtain extra originals or certified copies of the adoption decree and the child's new birth certificate for their personal use in the future, including for the child’s application for a U.S. passport and Social Security Number.


NOTE: Visa issuance after the final interview now generally takes 72 hours.  It will not normally be possible to provide the visa to adoptive parents on the day of the interview.


ACQUIRING U.S. CITIZENSHIP: The language describing the acquisition of U.S. citizenship for adopted children is currently under review. Until the new language is finalized, please click on the following link for further information: http://travel.state.gov/family/adoption/info/info_457.html.


ADDITIONAL INFORMATION: Specific questions about adoption in Indonesia may be addressed to the U.S. Embassy in Jakarta.  General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-404-4747.

Useful information is also available from several other sources:

Telephone:
  • Toll Free - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
  • U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
  • U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet :
  • Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains intercountry adoption information flyers like this one and the International Adoptions brochure.
  • Country Specific Information: The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flyer.  In addition, the State Department publishes Country Specific Information (CIS’es) for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports.  If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the Country Specific Information for that country, the State Department may issue a Travel Alert alerting U.S. citizens to local security situations.  If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country.  These documents are available on the Internet at: http://travel.state.gov/ or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays).  Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
  • USCIS web site - http://www.uscis.gov/